If you are a client of attentive.lysm, your use of the Service and access to the attentive.lysm web site will also be the subject of a separate Service Agreement between you and Good + Geek. In the event of any conflict between this Agreement and the separate Service Agreement, the provisions of the separate Service Agreement will control.
IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY RULE, POLICY OR FAQs) AT ANY TIME, YOUR SOLE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY RULE, POLICY OR FAQs, PLEASE DO NOT USE THE SERVICE. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, CONSENT TO AND AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING WITHOUT ANY LIMITATION ANY APPLICABLE RULES, POLICY OR FAQs).
Intellectual Property and Limitations on Use
In order to use the Service, you must first agree to this Agreement. You may not use the Service if you do not accept this Agreement. You can accept the terms of this Agreement a) by clicking to accept or agree to this Agreement where this option is made available to you by Good + Geek in the user interface for any portion of the Service, or b) by actually using the Service in which case you understand and agree that Good + Geek will treat your use as acceptance of this Agreement from that point onwards. You may not use the Service and may not accept this Agreement if you are not legally able to form a binding contract with Good + Geek or you are a person barred from using the Service under the laws of the United States. Good + Geek in its sole discretion may change the terms of this Agreement from time to time. The changes will appear in these Terms of Service or in the FAQs, rules or policies applicable to the Service, so be sure to check all of them periodically. Your use of the Service after any change has been posted will constitute your agreement to the modified Agreement. For purposes of this Agreement, your access of any page of the Service after your initial access of any page of the Service other than this Terms of Service or any applicable rules, policy or FAQs shall be deemed a use of the Service.
You acknowledge and agree that Good + Geek may stop providing the Service to you or to users generally at its sole discretion, without any prior notice to you.
You agree to use the Service only for purposes that are permitted by this Agreement and by applicable law and regulations (including but not limited to laws regarding the export of data or software to and from the United States). You agree not to access or attempt to access the Service by any means other that through the interface provided by Good + Geek. You further agree that you will not attempt to gain unauthorized access to the Service or any other accounts, computer systems or networks connected to the Service, through any means. You specifically agree not to access or attempt to access the Service through any automated means. You agree that you will not engage in any activity that interferes with or disrupts the Service or any network or servers connected to the Service. You agree that the Service and the Content displayed on the Service may be used only for your personal and non-commercial use and may not be edited or modified for any purpose and that you will not reproduce, duplicate, copy, sell, trade or resell the Service or any portion thereof unless explicitly permitted to do so by this Agreement, a separate agreement with Good + Geek, or applicable law. You agree that you will not take any action, which would interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks. You also agree that you shall not, except to the extent expressly permitted by this Agreement, attempt to copy, modify, duplicate, create a derivative work from, frame, mirror, republish, download, display, transmit, or distribute any portion of the Service in any form or media by any means.
You agree that you are solely responsible for any breach by you of this Agreement and for any damages that may be caused by your breach of this Agreement.
The Service and the Content appearing on the Service (the “Content”) are the property of Good + Geek or its licensors and is protected by copyright and other intellectual property laws. You understand and agree that the Good + Geek (or Good + Geek’s licensors) own all legal right, title and interest in and to the Content appearing on the Service, including but not limited to intellectual property rights such as copyrights and trademarks. You agree that nothing in this Agreement gives you any right to use any of the intellectual property available on the Service, including but not limited to the copyrighted Content, trademarks, servicemarks, logos and domain names.
Disclaimers of Warranties and Limitations on Liability
There may be delays, omissions or inaccuracies in the Content provided via this Service. The Service and the Content are provided on an “as is” basis without any express or implied warranties of any nature. Good + Geek and its affiliates, agents and licensors do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the Content available through the Service and Good + Geek specifically disclaims and such express or implied warranties. Good + Geek and its affiliates, agents, and licensors will not be liable to you or anyone else for any loss or injury, caused in whole or in part by their negligence of contingencies beyond their control in procuring, compiling, reporting interpreting or delivering the Service or the Content on the Service. In no event will Good + Geek and its affiliates, agents, and licensors be liable to you or anyone else for any damages, including but not limited to consequential, special, indirect and incidental damages, other than direct damages, even if advised of the possibility of such damages.
Links to Third Party Sites
This Service may provide hyperlinks to web sites operated by persons and entities other than Good + Geek and such hyperlinks are provided only for your reference and convenience. A hyperlink from this Service to another web site does not mean or imply that Good + Geek endorses either the operator of the hyperlinked web site or the content on such web site. You are solely responsible for determining to extent to which you use any content on any web site to which you link from the Service and agree not to hold Good + Geek responsible for the content or operation of such web site.
Good + Geek Digital Millennium Copyright Act Policy
It is Good + Geek’s policy to respond to notices of alleged copyright infringement that comply with the applicable provisions of the Digital Millennium Copyright Act and to terminating the access to the Service of repeat infringers. Details of Good + Geek’s copyright infringement policy shall be deemed a part of this Agreement. Good + Geek may change the terms of the Good + Geek Digital Millennium Copyright Act Policy from time to time. The changes will appear in the Good + Geek Digital Millennium Copyright Act Policy, so be sure to check the Policy periodically. Your use of the Service after any change has been posted will constitute your agreement to the modified Good + Geek Digital Millennium Copyright Act Policy. Good + Geek cannot guarantee that any action will be taken in response to a notice of alleged copyright infringement.
Miscellaneous Legal Provisions
This Agreement, your rights and obligations and all actions contemplated by this Agreement will be governed by the laws of the United States and the District of Columbia, without regard to their conflict of laws policies. This Agreement will not be governed by the United Nations Convention for the International Sale of Goods. You agree that attentive.lysm will be deemed as being solely based in the District of Columbia, regardless of where you are while using or accessing the attentive.lysm web site or where any server used in connection with the storage and/or delivery of the Service is located, and that it constitutes a “Passive website” for purposes of personal jurisdiction under the Constitution of the United States and the statutes enacted by other jurisdictions. You agree that a court of competent jurisdiction located in the District of Columbia will have exclusive jurisdiction over any dispute, cause of action or claim arising under or related to this Agreement, the Service or the Content on the Service. If any part of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. You agree that any dispute, cause of action or claim arising under or related to this Agreement, the Service or the Content on the Service must be filed within six months after the dispute, cause of action or claim arises, or else it will be permanently barred as untimely filed.